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HC allows delay condonation in appeal over official procedures
Published : Monday, 19 October, 2026 at 6:54 PM
Observer Online Report
The High Court has ruled that delays in filing appeals caused by administrative and official procedures of government agencies may be condoned if sufficient cause is satisfactorily explained.
In a case involving Bangladesh Railway, the court condoned a delay of 168 days in filing an appeal, stressing that cases should be allowed to be decided on their merits when the reasons for delay are adequately established and justice requires it.
Justice Md Riaz Uddin Khan of the High Court Division delivered the ruling on 8 September in Civil Revision No. 4686 of 2004, Bangladesh Railway vs Shafiqul Islam. The court set aside an order by the Lalmonirhat district judge rejecting the application for condonation of delay.
According to the case records, Shafiqul Islam filed Other Suit No. 68 of 2002 against Bangladesh Railway and others before the assistant judge’s court in Lalmonirhat. He challenged a judgment and decree issued on 28 September 1997 in Other Suit No. 117 of 1994, arguing that they were collusive and not binding on him.
On 24 November 2003, the court ruled in Shafiqul Islam’s favour. Bangladesh Railway subsequently filed Appeal No. 28 of 2004 before the Lalmonirhat district judge’s court, but the appeal was submitted 168 days beyond the prescribed time limit.
The railway authorities sought condonation under Section 5 of the Limitation Act, 1908, explaining that time was needed to obtain a certified copy of the judgment and decree, secure legal advice and necessary financial approval, and prepare the appeal memorandum and application through a lawyer.
The district judge rejected the application on 1 August 2004, prompting Bangladesh Railway to file a civil revision before the High Court under Section 115(1) of the Code of Civil Procedure.
After examining the application and lower court records, the High Court found that the district judge had rejected the plea without properly assessing the reasons for the delay.
The court observed that government agencies must follow several administrative procedures when making decisions and conducting litigation. These circumstances should be considered when assessing a delay, it said, accepting Bangladesh Railway’s explanation as sufficient cause under Section 5 of the Limitation Act.
The ruling referred to previous decisions of the Appellate Division of the Supreme Court of Bangladesh and the Indian Supreme Court, including Collector, Land Acquisition, Anantnag v. Mst. Katiji (AIR 1987 SC 1353). The court reiterated that the government does not enjoy any special privilege and that the same standard for condoning delay applies to government bodies and ordinary litigants.
It said courts should avoid an overly technical or mechanical approach when considering such applications. Where sufficient cause is established, the circumstances justify it and the interests of justice require it, the parties should have an opportunity to have the case decided on its merits.
The High Court allowed the revision, set aside the district judge’s order and condoned the 168-day delay. It also directed the relevant appellate court to proceed with the appeal promptly in accordance with the law after notifying all parties.
The ruling does not grant government agencies automatic exemption from limitation periods. Each application must be assessed on its own facts, including the explanation for the delay and the surrounding circumstances.
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Phone: PABX- 41053001-06; Advertisement: 41053012; 01793317829, 01550707291, E-mail: [email protected], [email protected] Online: email: [email protected] 41053014; 01550707297 Advertisement: 01550707296
